Keep a eye on this one!
From another article:
Laws passed by the Legislature and signed by Gov. Bill Owens include a requirement that developers follow the same rules that govern Colorado Department of Transportation road building, including plugging into state and regional transportation plans. A new law also strips eminent domain power from the company, but still allows land to be condemned through a public-private partnership with the state transportation department.
A railroad company formed by Wells to build tracks along the highway also would have condemnation authority."
http://cbs4denver.com/topstories/local_story_241090431.html
-Amazing.